[HISTORY: Adopted by the Board of Trustees
of the Village of Ossining as indicated in article histories. Amendments
noted where applicable.]
[Adopted 2-19-1997 by L.L. No. 1-1997; amended in its entirety 9-16-1997 by L.L. No. 3-1997]
A.Â
The Federal Telecommunications Act (the "Act") was
signed into law in February of 1996. The Act preserves the authority
of local governments over reasonable nondiscriminatory decisions regarding
the placement, construction, and modification of telecommunication
towers. The passage of the Act, the increased sale of airwaves rights
and issuance of licenses by the FCC, the increased demand for wireless
communication services, and new technology have lead to a significant
increase in the demand for telecommunications towers within the state.
The Village of Ossining expects to receive requests to locate such
towers and accessory uses within the Village of Ossining and currently
has no local laws regarding the construction, installation, operation
or location of such towers and accessory uses within the Village.
B.Â
The Village of Ossining has significant concerns over
the location of telecommunications towers within the Village. The
Village would like to insure that the installation of these towers
proceeds in a fashion that minimizes any adverse impacts while maximizing
services and benefits to the community. The Village wants to accommodate
the need for telecommunications towers while regulating their location
and number, minimize adverse visual effects through proper design,
siting and screening, avoid potential physical damage to adjacent
properties, and encourage joint use of tower structures.
C.Â
This article is necessary in order to address the
concerns of the Village of Ossining by prohibiting the filing of new
applications for tower construction and thus defer official governmental
action permitting the construction of towers to give the Board of
Trustees time to research the issues and adopt a local law regulating
telecommunications towers and accessory uses consistent with the comprehensive
plan of the Village.
As used in this article, the following terms
shall have the meanings indicated:
An accessory use serves the principal use, is subordinate
in area, extent or purpose to the principal use, and is located on
the same lot as the principal use. Examples of such uses include transmission
equipment and storage sheds.
A structure, including one or more antennas, that is intended
for transmitting and/or receiving radio, television, telephone, or
microwave communications but excluding those used either for fire,
police and other dispatch communications, or exclusively for private
radio and television reception and private citizens bands, amateur
radio and other similar private, residential communications.
A.Â
Until March 27, 1998, no application for the construction
or erection of a telecommunications tower or accessory use may be
filed, accepted or processed. For the purpose of this article, an
application for tower construction shall be deemed to mean any request
for official action by the Board of Trustees or other boards which
request and approval would in any way commence or continue the process
whereby a telecommunications tower or accessory use may be constructed
or erected.
[Amended 12-16-1997 by Ord. No. 4-1997]
B.Â
The imposition of this article shall not affect the
processing of applications for tower construction for which approval
has been granted prior to the effective date of this article or for
existing towers.
[Adopted 9-1-1998 by L.L. No. 1-1998]
The Telecommunications Act of 1996 affirmed
the Village of Ossining's authority concerning the placement, construction
and modification of wireless telecommunications facilities. The Village
Board of the Village of Ossining finds that wireless telecommunications
facilities may pose a unique hazard to the health, safety, public
welfare and environment of the Village of Ossining and its inhabitants.
The Village also recognizes that facilitating the development of wireless
service technology can be an economic development asset to the Village
and of significant benefit to the Village and its residents. In order
to insure that the placement, construction or modification of wireless
telecommunications facilities is consistent with the town's land use
policies, the Village is adopting a single, comprehensive, wireless
telecommunications facilities application and permit process. The
intent of this article is to minimize the negative impact of wireless
telecommunications facilities, establish a fair and efficient process
for review and approval of applications, assure an integrated, comprehensive
review of environmental impacts of such facilities, and protect the
health, safety and welfare of the Village of Ossining.
This article may be known and cited as the "Wireless
Telecommunications Facilities Siting and Special Use Permit Law for
the Village of Ossining."
A.Â
If any word, phrase, sentence, part, section, subsection,
or other portion of this article or any application thereof to any
person or circumstance is declared void, unconstitutional, or invalid
for any reason, then such word, phrase, sentence, part, section, subsection,
or other portion, or the prescribed application thereof, shall be
severable, and the remaining provisions of this article, and all applications
thereof, not having been declared void, unconstitutional, or invalid,
shall remain in full force and effect.
B.Â
Any special use permit issued under this article shall
be comprehensive and not severable. If part of a permit is deemed
or ruled to be invalid or unenforceable in any material respect, by
a competent authority, or is overturned by a competent authority,
the permit shall be void in total, upon election by the Village Board.
For purposes of this article, and where not
inconsistent with the context of a particular section, the defined
terms, phrases, words, abbreviations, and their derivations shall
have the meaning given in this section. When not inconsistent with
the context, words in the present tense include the future tense,
words used in the plural number include words in the singular number
and words in the singular number include the plural number. The word
"shall" is always mandatory, and not merely directory.
An accessory facility or structure serving or being used
in conjunction with wireless telecommunications facilities, and located
on the same property or lot as the wireless telecommunications facilities,
including but not limited to utility or transmission equipment storage
sheds or cabinets.
A system of electrical conductors that transmit or receive
electromagnetic waves or radio frequency signals. Such waves shall
include but not be limited to radio, television, cellular, paging,
personal telecommunications services (PCS), and microwave telecommunications.
Includes any individual, corporation, estate, trust partnership,
joint-stock company, association of two or more persons, limited liability
company, or entity submitting an application to the Village of Ossining
for a special use permit for wireless telecommunications facilities.
The form approved by the Board, together with all necessary
and appropriate documentation that an applicant submits in order to
receive a special use permit for wireless telecommunications facilities.
The Village Board of the Village of Ossining.
The location on a telecommunication tower which, in the event
of a failure of the telecommunication tower, would result in the telecommunication
tower falling or collapsing within the boundaries of the property
on which the telecommunication tower is placed.
Any tower or supporting structure that, due to design, location,
or appearance, partially or completely hides, obscures, conceals,
or otherwise disguises the presence of the tower and one or more antennas
or antenna arrays affixed thereto.
The area in which any portion of a telecommunication tower
could or would fall, collapse or plunge to the ground or body of water.
The collapse zone shall be no less than the lateral equivalent of
the distance from the break point to the top of the structure plus
10 feet, such being not less than 1/2 the height of the structure.
The use of the same telecommunications tower or structure
to carry two or more antennas for the provision of wireless services
by two or more persons or entities.
The meaning in this article and any special use permit granted
hereunder as is defined and applied under the New York Uniform Commercial
Code (UCC).
An application that contains all information and/or data
necessary to enable the Board to evaluate the merits of the application,
and to make an informed decision with respect to the effect and impact
of wireless telecommunications facilities on the Village in the context
of the permitted land use for the particular location requested.
Only programming transmitted or broadcast by satellite directly
to subscribers' premises without the use of ground receiving equipment,
except at the subscribers' premises or in the uplink process to the
satellite.
The Environmental Assessment Form approved by the New York
Department of Environmental Conservation.
State and/or Federal Environmental Protection Agency or its
duly assigned successor agency.
The Federal Aviation Administration, or its duly designated
and authorized successor agency.
The Federal Communications Commission, or its duly designated
and authorized successor agency.
A tower that is not supported by guy wires and ground anchors
or other means of attached or external support.
When referring to a tower or structure, the distance measured
from the pre-existing grade level to the highest point on the tower
or structure, even if said highest point is an antenna.
Nonionizing Electromagnetic Radiation.
Any individual, corporation, estate, trust, partnership,
joint-stock company, association of two or more persons having a joint
common interest, or governmental entity.
See definition for "wireless telecommunications facilities."
The same meaning as defined and used in the 1996 Telecommunications
Act.
The official document or permit by which an applicant is
allowed to construct and use wireless telecommunications facilities
as granted or issued by the Village.
The State of New York.
See definition for wireless telecommunications facilities.
The transmission and reception of audio, video, data, and
other information by wire, radio frequency, light, and other electronic
or electromagnetic systems.
A structure used in the provision of services described in
the definition of "wireless telecommunications facilities."
In relation to all aspects and components of this article,
something intended to, or that does, exist for fewer than 90 days.
The Village of Ossining, New York.
A structure or location or facility designed, or intended
to be used, or used to support antennas. It includes without limit,
freestanding towers, guyed towers, monopoles, and similar structures
that employ camouflage technology, including but not limited to structures
such as a church steeple, silo, water tower, sign or other similar
structures intended to mitigate the visual impact of an antenna or
the functional equivalent of such. It also includes a structure or
facility intended to transmit and/or receive radio, television, cellular,
paging, personal telecommunications services, wireless internet service
or microwave telecommunications, but excluding those used exclusively
for fire, police and other dispatch telecommunications, or exclusively
for private radio and television reception and private citizen's bands,
amateur radio and other similar telecommunications.
In order to ensure that the placement, construction,
and modification of wireless telecommunications facilities protects
the town's health, safety, public welfare, environmental features
and other aspects of the quality of life specifically listed elsewhere
in this article, the Board adopts an overall policy with respect to
a special use permit for wireless telecommunications facilities for
the express purpose of achieving the following goals:
A.Â
Implementing an application process for person(s)
seeking a special use permit for wireless telecommunications facilities.
B.Â
Establishing a policy for examining an application
for and issuing a special use permit for wireless telecommunications
facilities that is both fair and consistent.
C.Â
Establishing reasonable time frames for granting or
not granting a special use permit for wireless telecommunications
facilities, or recertifying or not recertifying, or revoking the special
use permit granted under this article.
D.Â
Promoting and encouraging, wherever possible, the
sharing and/or collocation of wireless telecommunications facilities
among service providers.
E.Â
Promoting and encouraging, wherever possible, the
placement, height and quantity of wireless telecommunications facilities
in such a manner as to minimize adverse aesthetic impacts to the land,
property, buildings, and other facilities adjacent to, surrounding,
and in generally the same area as the requested location of such wireless
telecommunications facilities.
A.Â
All applicants for a special use permit for wireless
telecommunications facilities shall, in addition to the other requirements
in this article, comply with the requirements set forth in this section.
The Board is the officially designated agency or body of the community
to whom applications for a special use permit for wireless telecommunications
facilities must be made, and that is authorized to review, analyze,
evaluate and make decisions with respect to granting or not granting,
recertifying or not recertifying, or revoking special use permits
for wireless telecommunications facilities. The Board may at its discretion
delegate or designate other official agencies of the Village to accept,
review, analyze, evaluate and make recommendations to the Board with
respect to the granting or not granting, recertifying or not recertifying
or revoking special use permits for wireless telecommunications facilities.
B.Â
An application for a special use permit for wireless
telecommunications facilities shall be signed on behalf of the applicant
by the person preparing the same and with knowledge of the contents
and representations made therein and attesting to the truth and completeness
of the information. The landowner, if different than the applicant,
shall also sign the application. At the discretion of the Board, any
false or misleading statement in the application may subject the applicant
to denial of the application without further consideration or opportunity
for correction.
C.Â
Applications not meeting the requirements stated herein
or which are otherwise incomplete, may be rejected by the Board.
D.Â
The applicant shall include a statement, in writing
that:
(1)Â
The applicant's proposed wireless telecommunications
facilities shall be maintained in a safe manner, and in compliance
with all conditions of the special use permit, without exception,
unless specifically granted relief by the Board, in writing, as well
as all applicable and permissible local codes, ordinances, and regulations,
including any and all applicable county, state and federal laws, rules
and regulations.
(2)Â
The construction of the wireless telecommunications
facilities are legally permissible, including but not limited to the
fact that the applicant is authorized to do business in New York State.
E.Â
No wireless telecommunications facilities shall be
installed or constructed until the site plan is reviewed and approved
by the Board. All applications for the construction or installation
of new wireless telecommunications facilities shall be accompanied
by a report containing the information hereinafter set forth. The
report shall be signed by a licensed professional engineer registered
in the state. Where this section calls for certification, such certification
shall be by a qualified New York State licensed professional engineer
acceptable to the Village, unless otherwise noted.
(1)Â
Name, address and phone number of the person preparing
the report.
(2)Â
Name, address, and phone number of the property owner,
operator, and applicant, to include the legal form of the applicant.
(3)Â
Postal address and tax map parcel number of the property.
(4)Â
Zoning District or designation in which the property
is situated.
(5)Â
Size of the property stated both in square feet and
lot line dimensions, and a diagram showing the location of all lot
lines.
(6)Â
Location of nearest residential structure.
(7)Â
Location of nearest habitable structure.
(8)Â
Location, size and height of all structures on the
property which is the subject of the application.
(9)Â
Location, size and height of all proposed and existing
antennas and all appurtenant structures.
(10)Â
Type, size and location of all proposed and existing
landscaping.
(11)Â
The number, type and design of the telecommunications
tower(s) antenna(s) proposed and the basis for the calculations of
the telecommunications tower's capacity to accommodate multiple users.
(12)Â
A brief description of the service to be provided
and the technology to be employed.
(13)Â
The make, model and manufacturer of the tower and
antenna(s).
(14)Â
A description of the proposed tower and antenna(s)
and all related fixtures, structures, appurtenances and apparatus,
including height above pre-existing grade, materials, color and lighting.
(15)Â
The frequency, modulation and class of service of
radio or other transmitting equipment.
(16)Â
Transmission and maximum effective radiated power
of the antenna(s).
(17)Â
Direction of maximum lobes and associated radiation
of the antenna(s).
(18)Â
Applicant's proposed tower maintenance and inspection
procedures and related system of records.
(19)Â
Certification that NIER levels at the proposed site
are within the threshold levels adopted by the FCC, though the certifying
engineer need not be approved by the Board.
(20)Â
Certification that the proposed antenna(s) will not
cause interference with existing telecommunications devices, though
the certifying engineer need not be approved by the Board.
(21)Â
A copy of the FCC license applicable for the use of
wireless telecommunications facilities.
(22)Â
Certification that a topographic and geomorphologic
study and analysis has been conducted, and that taking into account
the subsurface and substrata, and the proposed drainage plan, that
the site is adequate to assure the stability of the proposed wireless
telecommunications facilities on the proposed site, though the certifying
engineer need not be approved by the Board.
(23)Â
Propagation studies of the proposed site and all adjoining
proposed or in-service or existing sites.
(24)Â
Applicant shall disclose in writing any agreement
in existence prior to submission of the application that would limit
or preclude the ability of the applicant to share any new telecommunication
tower that it constructs.
F.Â
In the case of a new telecommunication tower, the
applicant shall be required to submit a written report demonstrating
its efforts to secure shared use of existing telecommunications tower(s).
Copies of written requests and responses for shared use shall be provided
to the Board.
G.Â
The applicant shall furnish written certification
that the telecommunication tower and attachments both are designed
and constructed ("as built") to meet all local, county, state and
federal structural requirements for loads, including wind and ice
loads.
H.Â
The applicant shall furnish written certification
that the telecommunication tower is designed with a break point that
would result in the telecommunication tower falling or collapsing
within the boundaries of the property on which the telecommunication
tower is placed.
I.Â
After construction and prior to receiving a certificate
of compliance, the applicant shall furnish written certification that
the wireless telecommunications facilities are grounded and bonded
so as to protect persons and property and installed with appropriate
surge protectors.
J.Â
The applicant shall submit a completed long form EAF
and a completed visual EAF addendum. The Board may require submission
of a more detailed visual analysis based on the results of the visual
EAF addendum. Applicants are encouraged to seek preapplication meetings
with the Village Board to address the scope of the required visual
assessment.
K.Â
If requested by the Board, the applicant shall furnish
a visual impact assessment which shall include:
(1)Â
A Zone of Visibility Map, which shall be provided
in order to determine locations where the tower may be seen.
(2)Â
Pictorial representations of "before and after" views
from key viewpoints both inside and outside of the Village, including
but not limited to state highways and other major roads; state and
local parks; other public lands; historic districts; preserves and
historic sites normally open to the public; and from any other location
where the site is visible to a large number of visitors, travelers
or residents. The Board, acting in consultation with its consultants
or experts, will provide guidance concerning the appropriate key sites
at a preapplication meeting.
(3)Â
An assessment of the visual impact of the tower base,
guy wires and accessory buildings from abutting and adjacent properties
and streets.
L.Â
Any and all representations made by the applicant
to the Board, on the record, during the application process, whether
written or verbal, shall be deemed a part of the application and may
be relied upon in good faith by the Board.
M.Â
The applicant shall, in a manner approved by the Board,
effectively screen from view its proposed wireless telecommunications
facilities base and all related facilities and structures.
N.Â
All utilities from wireless telecommunications facilities
sites shall be installed underground and in compliance with all laws,
rules and regulations of the Village, including specifically, but
not limited to, the National Electrical Safety Code and the National
Electrical Code where appropriate. The Board may waive or vary the
requirements of undergrounding installation of utilities whenever,
in the opinion of the Board, such variance or waiver shall not be
detrimental to the health, safety, general welfare and environment,
including the visual and scenic characteristics of the area.
O.Â
All wireless telecommunications facilities shall be
sited so as to have the minimal adverse visual effect on the environment
and its character, and the residences in the area of the wireless
telecommunications facilities sites.
P.Â
Accessory facilities shall maximize use of building
materials, colors and textures designed to harmonize with the natural
surroundings.
Q.Â
At a telecommunications site, an access road and parking
shall be provided to assure adequate emergency and service access.
Maximum use of existing roads, whether public or private, shall be
made to the extent practicable. Road construction shall at all times
minimize ground disturbance and vegetation-cutting. Road grades shall
closely follow natural contours to assure minimal visual disturbance
and reduce soil erosion.
R.Â
A person who holds a special use permit for wireless
telecommunications facilities shall construct, operate, maintain,
repair, provide for removal of, modify or restore the permitted wireless
telecommunications facilities in strict compliance with all current
technical, safety and safety-related codes adopted by the Village,
county, state, or United States, including but not limited to the
most recent editions of the National Electrical Safety Code and the
National Electrical Code, as well as accepted and responsibly workmanlike
industry practices and recommended practices of the National Association
of Tower Erectors. The codes referred to are codes that include but
are not limited to construction, building, electrical, fire, safety,
health, and land use codes.
S.Â
A holder of a special use permit granted under this
article shall obtain, at its own expense, all permits and licenses
required by applicable rule, regulation or law, and must maintain
the same, in full force and effect, for as long as required by the
Village or other governmental entity or agency having jurisdiction
over the applicant.
T.Â
With respect to this application process, the Board
will normally seek to have lead agency status, pursuant to SEQRA.
The Board shall conduct an environmental review of the proposed project
in combination with its review of the application under this article.
U.Â
An applicant shall submit no fewer than eight copies
of the entire completed application to the Board and a copy of the
application to the legislative body of any adjacent municipality and
to the County Planning Agency.
V.Â
The applicant shall examine the feasibility of designing
a proposed telecommunications tower to accommodate future demand for
at least two additional commercial applications, for example, future
collocations. The scope of this examination shall be determined by
the Board. The telecommunications tower shall be structurally designed
to accommodate at least two additional antenna arrays equal to those
of the applicant, and located as close to the applicant's antenna
as possible without causing interference. This requirement may be
waived, provided that the applicant, in writing, demonstrates that
the provisions of future shared usage of the telecommunications tower
is not technologically feasible, or is commercially impracticable
and creates an unnecessary and unreasonable burden, based upon:
(1)Â
The number of FCC licenses foreseeably available for
the area;
(2)Â
The kind of wireless telecommunications facilities
site and structure proposed;
(3)Â
The number of existing and potential licenses without
wireless telecommunications facilities spaces/sites;
(4)Â
Available space on existing and approved telecommunications
towers.
W.Â
The applicant shall submit to the Board a letter of
intent committing the owner of the proposed new tower, and his/her
successors in interest, to negotiate in good faith for shared use
of the proposed tower by other telecommunications providers in the
future. This letter shall be filed with the Board. Failure to abide
by the conditions outlined in the letter may be grounds for revocation
of the special use permit. The letter shall commit the new tower owner
and his/her successors in interest to:
(1)Â
Respond within 60 days to a request for information
from a potential shared-use applicant.
(2)Â
Negotiate in good faith concerning future requests
for shared use of the new tower by other telecommunications providers.
(3)Â
Allow shared use of the new tower if another telecommunications
provider agrees, in writing, to pay reasonable charges. The charges
may include, but are not limited to, a pro rata share of the cost
of site selection, planning, project administration, land costs, site
design, construction and maintenance financing, return on equity,
less depreciation, and all of the costs of adapting the tower or equipment
to accommodate a shared user without causing electromagnetic interference.
X.Â
Unless waived by the Board, there shall be a preapplication
meeting. The purpose of the preapplication meeting will be to address
issues which will help to expedite the review and permitting process.
Where the application is for the shared use of an existing telecommunications
tower(s) or other high structure, the applicant should seek to waive
any section or subsection of this article that may not be required.
At the preapplication meeting, (this may include a site visit if required)
the waiver requests, if appropriate, will be decided by the Board
and its consultants. Costs of the town's consultants to prepare for
and attend the preapplication meeting will be borne by the applicant.
A.Â
Applicants for wireless telecommunications facilities
shall locate, site and erect said wireless telecommunications facilities
in accordance with the following priorities, (1) being the highest
priority and (4) being the lowest priority.
(1)Â
On existing telecommunications towers or other tall
structures.
(2)Â
Collocation on a site with existing wireless telecommunications
facilities or structures.
(3)Â
On municipally-owned properties.
(4)Â
On other property in the Village.
(a)Â
If the proposed property site is not the highest
priority listed above, then a detailed explanation must be provided
as to why a site of a higher priority was not selected. The person
seeking such an exception must satisfactorily demonstrate the reason
or reasons why such a permit should be granted for the proposed site,
and the hardship that would be incurred by the applicant if the permit
were not granted for the proposed site.
(b)Â
An applicant may not bypass sites of higher
priority by stating the site presented is the only site leased or
selected. An application shall address collocation as an option, and,
if such option is not proposed, the applicant must explain why collocation
is commercially or otherwise impracticable. Agreements between providers
limiting or prohibiting collocation, shall not be a valid basis for
any claim of commercial impracticability or hardship.
(c)Â
Notwithstanding the above, the Board may approve
any site located within an area in the above list of priorities, provided
that the Board finds that the proposed site is in the best interest
of the health, safety and welfare of the Village and its inhabitants.
B.Â
The applicant shall submit a written report demonstrating
the applicant's review of the above locations in order of priority,
demonstrating the technological reason for the site selection. If
the site selected is not the highest priority, then a detailed written
explanation as to why sites of a higher priority were not selected
shall be included with the application.
C.Â
The applicant shall, in writing, identify and disclose
the number and locations of any additional sites that the applicant
has been, is, or will be considering, reviewing or planning for wireless
telecommunications facilities in the Village, and all municipalities
adjoining the Village, for a two-year period following the date of
the application.
D.Â
Notwithstanding that a potential site may be situated
in an area of highest priority or highest available priority, the
Board may disapprove an application for any of the following reasons.
(1)Â
Conflict with safety and safety-related codes and
requirements;
(2)Â
Conflict with traffic needs or traffic laws, or definitive
plans for changes in traffic flow or traffic laws;
(3)Â
Conflict with the historic nature of a neighborhood
or historical district;
(4)Â
The use or construction of wireless telecommunications
facilities which is contrary to an already stated purpose of a specific
zoning or land use designation;
(5)Â
The placement and location of wireless telecommunications
facilities which would create an unacceptable risk, or the probability
of such, to residents, the public, employees and agents of the Village,
or employees of the service provider or other service providers; or
(6)Â
Conflicts with the provisions of this article.
A.Â
Shared use of existing wireless telecommunications
facilities shall be preferred by the Village, as opposed to the proposed
construction of a new telecommunications tower. Where such shared
use is unavailable, location of antennas on other preexisting structures
shall be considered and preferred. The applicant shall submit a comprehensive
report inventorying existing towers and other appropriate structures
within four miles of any proposed new tower site, unless the applicant
can show that some other distance is more reasonable, and outlining
opportunities for shared use of existing facilities and the use of
other preexisting structures as a preferred alternative to new construction.
(1)Â
An applicant intending to share use of an existing
telecommunications tower or other tall structure shall be required
to document the intent of the existing owner to share use. In the
event that an application to share the use of an existing telecommunications
tower does not increase the height of the telecommunications tower,
the Board shall waive such requirements of the application required
by this article as may be for good cause shown.
B.Â
Such shared use shall consist only of the minimum
antenna array technologically required to provide service within the
Village, to the extent practicable, unless good cause is shown.
A.Â
The applicant must submit documentation justifying
to the Board the total height of any telecommunications tower and/or
antenna and the basis therefor. Such justification shall be to provide
service within the Village, to the extent practicable, unless good
cause is shown.
B.Â
Telecommunications towers shall be no higher than
the minimum height necessary. Unless waived by the Board upon good
cause shown, the presumed maximum height shall be 140 feet, based
on three collocated antenna arrays and ambient tree height of 80 feet.
C.Â
The maximum height of any telecommunications tower
and attached antennas constructed after the effective date of this
article shall not exceed that which shall permit operation without
artificial lighting of any kind or nature, in accordance with municipal,
county, state, and/or any federal law and/or regulation.
A.Â
Wireless telecommunications facilities shall not be
artificially lighted or marked, except as required by law.
B.Â
Telecommunications towers shall be of a galvanized
finish, or painted with a rust-preventive paint of an appropriate
color to harmonize with the surroundings as approved by the Board,
and shall be maintained in accordance with the requirements of this
article.
C.Â
If lighting is required, applicant shall provide a
detailed plan for sufficient lighting of as unobtrusive and inoffensive
an effect as is permissible under state and federal regulations, and
an artist's rendering or other visual representation showing the effect
of light emanating from the site on neighboring habitable structures
within 1,500 feet of all property lines of the parcel on which the
wireless telecommunications facilities are located.
All wireless telecommunications facilities and
antennas shall be located, fenced or otherwise secured in a manner
which prevents unauthorized access. Specifically as follows:
A.Â
All antennas, towers and other supporting structures,
including guy wires, shall be made inaccessible to individuals and
constructed or shielded in such a manner that they cannot be climbed
or run into; and
B.Â
Transmitters and telecommunications control points
must be installed such that they are readily accessible only to persons
authorized to operate or service them.
A.Â
Wireless telecommunications facilities shall contain
a sign no larger than four square feet to provide adequate notification
to persons in the immediate area of the presence of an antenna that
has transmission capabilities. The sign shall contain the name(s)
of the owner(s) and operator(s) of the antenna(s) as well as emergency
phone number(s). The sign shall be located so as to be visible from
the access point of the site. The sign shall not be lighted unless
the Board shall have allowed such lighting or unless such lighting
is required by applicable provisions of law. The sign shall be approved
by the Board before installation.
B.Â
No other signage, including advertising, shall be
permitted on any facilities, antennas, antenna supporting structures
or antenna towers, unless required by law.
A.Â
All proposed wireless telecommunications facilities
shall be set back from abutting parcels, recorded rights-of-way and
road and street lines a distance sufficient to substantially contain
on-site all ice-fall or debris from a tower or tower failure, and
to preserve the privacy and sanctity of any adjoining properties.
B.Â
Wireless telecommunications facilities shall be located
with a minimum setback from any property line a distance equal to
the height of the wireless telecommunications facility or the existing
setback requirement of the underlying zoning district, whichever is
greater. Further, any accessory structure shall be located so as to
comply with the applicable minimum setback requirements for the property
on which it is situated.
A.Â
The Board may hire any consultant and/or expert deemed
necessary by the Board to assist the Board in reviewing and evaluating
the application and any requests for recertification.
B.Â
An applicant shall deposit with the Village funds
sufficient to reimburse the Village for all reasonable costs of consultant
and expert evaluation and consultation to the Board in connection
with the review of any application. The initial deposit shall be as
set from time to time by resolution of the Village Board of Trustees.[1] These funds shall accompany the filing of an application
and the Village will maintain a separate escrow account for all such
funds. The Village's consultants/experts shall bill or invoice the
Village no less frequently than monthly for its services in reviewing
the application and performing its duties. If at any time during the
review process this escrow account has a balance less than the minimum
balance set from time to time by resolution of the Village Board of
Trustees,[2] the applicant shall immediately, upon notification by
the Village, replenish said escrow account so that it has a balance
of at least the minimum balance as set from time to time by resolution
of the Village Board of Trustees.[3] Such additional escrow funds must be deposited with the
Village before any further action or consideration is taken on the
application. In the event that the amount held in escrow by the Village
is more than the amount of the actual billing or invoicing, the difference
shall be promptly refunded to the applicant.
[Amended 8-3-1999 by L.L.
No. 2-1999]
C.Â
The total amount of the funds set forth in Subsection B of this section may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed by the Board or its consultant/expert to complete the necessary review and analysis. Additional escrow funds, as required and requested by the Village, shall be paid by the applicant.
A.Â
No person shall be permitted to site, place, build,
construct or modify, or prepare any site for the placement or use
of, wireless telecommunications facilities, or place any wireless
telecommunications facilities, as of the effective date of this article
without having first obtained a special use permit for wireless telecommunications
facilities. Notwithstanding anything to the contrary in this section,
no special use permit shall be required for those exceptions noted
in the definition of wireless telecommunications facilities.
B.Â
New construction, including routine maintenance on
existing wireless telecommunications facilities, shall comply with
the requirements of this article.
C.Â
All wireless telecommunications facilities existing
on or before the effective date of this article shall be allowed to
continue as they presently exist; provided however, that any modification
to existing wireless telecommunications facilities must comply with
this article.
A.Â
Prior to the approval of any application for a special
use permit for wireless telecommunications facilities, a public hearing
shall be held by the Board, notice of which shall be published in
the official newspaper of the Village no less than 10 calendar days
prior to the scheduled date of the public hearing. In order that the
Village may notify nearby landowners, the applicant, at least three
weeks prior to the date of said public hearing, shall be required
to provide names and address of all landowners whose property is located
within 1,500 feet of any property line of the lot on which the proposed
new wireless telecommunications facilities are proposed to be located.
B.Â
The Board shall schedule the public hearing referred to in Subsection A of this section once it finds the application is complete. The Board, at any stage prior to issuing a special use permit, may require such additional information as it deems necessary.
C.Â
In addition to the notice requirement detailed in Subsection A, every applicant for a special use permit for wireless telecommunications facilities must post one or more notification signs on the property which is the subject of said application no later than 10 calendar days prior to the initial public hearing on the application and must maintain the posted sign(s) in place until the Board of Trustees has rendered its final decision approving or denying said application. The applicant shall post one sign per 300 linear feet of frontage on each street upon which the subject property fronts. The sign(s) shall be erected not more than 10 feet from each boundary of the property that abuts a public road and must be conspicuous to the public. The bottom edge of each sign so erected shall be positioned no less than 14 inches and no more than 36 inches above the ground. In the event that the subject property abuts more than one road, additional signs will be posted facing each road on which the property abuts. If the sign(s) visibility is obscured by vegetation, the applicant must cut the vegetation to a degree sufficient to maintain clear visibility of the sign(s) from the road. If the property does not abut a public road, one or more signs shall be posted in Village-approved locations that can readily be seen by the public. Any sign(s) erected under this provision must be removed and returned to the Village of Ossining Planning Department within 10 calendar days after the approval authority has rendered its final decision approving or denying said application. The size and location of sign(s) will be determined by the Director of Planning.
[Added 7-7-2021 by L.L.
No. 6-2021]
D.Â
In the event that an application shall be withdrawn or become inactive,
the applicant shall remove the sign(s) within five calendar days of
withdrawing the application or of receiving notice from the approval
authority that the application has been designated inactive. For the
purposes of this section, any application which has not appeared on
the Board of Trustees' agenda for six or more months shall be
designated inactive. The Board of Trustees shall notify the applicant,
in writing, that the application has become inactive and instruct
the applicant to remove the sign(s) until such time as the application
shall be reactivated. Once the application is reactivated, the sign(s)
shall be posted within three calendar days.
[Added 7-7-2021 by L.L.
No. 6-2021]
E.Â
Signage. The Village of Ossining Planning Department will supply
the sign(s), and the initial cost will be included in the application
fee. However, if the Director of Planning determines that signs larger
than those provided by the Planning Department are required, the applicant
shall be responsible for obtaining the signs at the applicant's
expense. The applicant shall be responsible for replacing any sign(s)
that is (are) damaged, destroyed, lost or stolen during the pendency
of the application. A replacement fee will be charged for each sign
that needs to be replaced. The sign(s) shall indicate the time and
place of the public meeting on the application and such other information
as deemed necessary by the Planning Department.
[Added 7-7-2021 by L.L.
No. 6-2021]
F.Â
The applicant shall maintain the sign(s) and ensure that it remains
plainly visible and legible while the application is pending. If the
applicant places sign(s) at the time and in the manner detailed in
this section, but the sign(s) does not stand for the entire period
required, the Board of Trustees, if satisfied that the sign(s) had
stood for a sufficient period of time and that the applicant had taken
all reasonable steps to restore the sign(s) once the applicant had
become aware that the sign(s) was not standing, may act upon the application
if the applicant can demonstrate to the Board of Trustees' satisfaction
that the failure to comply was not the applicant's fault.
[Added 7-7-2021 by L.L.
No. 6-2021]
G.Â
If final action is not taken upon an application on the date shown
on the sign(s), the sign(s) shall be updated to show the next date,
time and place when the application will appear on the agenda of the
approval authority. The sign(s) shall be updated no later than 10
calendar days before the date of the meeting when the application
will next appear on the agenda of the Board of Trustees.
[Added 7-7-2021 by L.L.
No. 6-2021]
H.Â
At least 24 hours prior to the public hearing/public meeting, the
applicant shall submit to the Planning Department an affidavit stating
that the applicant has posted the sign(s) meeting the requirements
described in this section along with photographic evidence to verify
the placement and maintenance of the sign(s).
[Added 7-7-2021 by L.L.
No. 6-2021]
A.Â
The Board will undertake a review of an application
pursuant to this article in a timely fashion, consistent with its
responsibilities with SEQRA, and shall act within a reasonable period
of time given the relative complexity of the application and the circumstances,
with due regard for the public's interest and need to be involved,
and the applicant's desire for a timely resolution.
B.Â
The Board may refer any application or part thereof
to any advisory or other committee for a nonbinding recommendation.
C.Â
Except for necessary building permits, and subsequent
certificates of compliance, no additional permits or approvals from
the Village shall be required for wireless telecommunications facilities
covered by this article.
D.Â
After the public hearing and after formally considering
the application, the Board may approve and issue, or deny, a special
use permit. Its decision shall be in writing and shall be supported
by substantial evidence contained in a written record. The burden
of proof for the grant of the permit shall always be upon the applicant.
(1)Â
If the Board approves the special use permit for wireless
telecommunications facilities, then the applicant shall be notified
of such approval in writing within 10 calendar days of the Board's
action, and the special use permit shall be issued within 30 days
after such approval.
E.Â
If the Board denies the special use permit for wireless
telecommunications facilities, then the applicant shall be notified
of such denial in writing within 10 calendar days of the Board's action.
F.Â
The town's decision on an application for a special
use permit for wireless telecommunications facilities shall be supported
by substantial evidence contained in a written record.
A.Â
At any time between 12 months and six months prior
to the five-year anniversary date after the effect date of the permit
and all subsequent fifth anniversaries of the effective date of the
original special use permit for wireless telecommunications facilities,
the holder of a special use permit for such wireless telecommunication
facilities shall submit a signed written request to the Board for
recertification. In the written request for recertification, the holder
of such special use permit shall note the following:
(1)Â
The name of the holder of the special use permit for
the wireless telecommunications facilities;
(2)Â
If applicable, the number or title of the special
use permit;
(3)Â
The date of the original granting of the special use
permit;
(4)Â
Whether the wireless telecommunications facilities
have been moved, relocated, rebuilt, or otherwise modified since the
issuance of the special use permit;
(5)Â
If the wireless telecommunications facilities have
been moved, relocated, rebuilt, or otherwise modified, then whether
the Board approved such action, and under what terms and conditions,
and whether those terms and conditions were met;
(6)Â
Any requests for waivers or relief of any kind whatsoever
from the requirements of this article and any requirements for a special
use permit;
(7)Â
That the wireless telecommunications facilities are
in compliance with the special use permit and compliance with all
applicable codes, laws, rules and regulations; and
(8)Â
Recertification that the telecommunication tower and
attachments both are designed and constructed ("as built") and continue
to meet all local, county, state and federal structural requirements
for loads, including wind and ice loads. Such recertification shall
be by a qualified New York State licensed professional engineer acceptable
to the Village, the cost of which shall be borne by the applicant.
B.Â
If, after such review, the Board determines that the
permitted wireless telecommunications facilities are in compliance
with the special use permit and all applicable statutes, laws, local
laws, ordinances, codes, rules and regulations, then the Board shall
issue a recertification special use permit for the wireless telecommunications
facilities, which may include any new provisions or conditions that
are mutually agreed upon, or required by applicable statutes, laws,
local laws, ordinances, codes, rules and regulations. If, after such
review, the Board determines that the permitted wireless telecommunications
facilities are not in compliance with the special use permit and all
applicable statutes, local laws, ordinances, codes, rules and regulations,
then the Board may refuse to issue a recertification special use permit
for the wireless telecommunications facilities, and in such event,
such wireless telecommunications facilities shall not be used after
the date that the applicant receives written notice of such decision
by the Board. Any such decision shall be in writing and supported
by substantial evidence contained in a written record.
C.Â
If the Board does not complete its review, as noted in Subsection B of this section, prior to the five-year anniversary date of the special use permit, or subsequent fifth anniversaries, then the applicant for the permitted wireless telecommunications facilities shall receive an extension of the special use permit for up to six months, in order for the Board to complete its review.
D.Â
If the holder of a special use permit for wireless telecommunications facilities does not submit a request for recertification of such special use permit within the timeframe noted in Subsection A of this section, then such special use permit and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original granting of the special use permit, or subsequent fifth anniversaries, unless the holder of the special use permit adequately demonstrates to the Board that extenuating circumstances prevented a timely recertification request. If the Board agrees that there were legitimately extenuating circumstances, then the holder of the special use permit may submit a late recertification request or application for a new special use permit.
The extent and parameters of a special use permit
for wireless telecommunications facilities shall be as follows:
A.Â
Such special use permit shall be nonexclusive.
B.Â
Such special use permit shall not be assigned, transferred
or conveyed without the express prior written consent of the Board,
and such consent shall not be unreasonably withheld or delayed.
C.Â
Such special use permit may, following a hearing upon
due prior notice to the applicant, be revoked, canceled or terminated
for a violation of the conditions and provisions of the special use
permit for wireless telecommunications facilities, or for a material
violation of this article after prior written notice to the applicant
and the holder of the special use permit.
A.Â
At the time that a person submits an application for
a special use permit for a new telecommunications tower, such person
shall pay an application fee to the Village as set from time to time
by resolution of the Village Board of Trustees.[1] If the application is for a special use permit for collocating
on an existence telecommunications tower or other structure, where
no increase in height of the tower or structure is required, the fee
shall be lower, as set from time to time by resolution of the Village
Board of Trustees.[2]
[Amended 8-3-1999 by L.L.
No. 2-1999]
B.Â
No application fee is required in order recertify a special use permit for wireless telecommunications facilities, unless there has been a modification of the wireless telecommunications facilities since the date of the issuance of the existing special use permit. In the case of any modification, the fees provided in Subsection A shall apply.
[Amended 8-3-1999 by L.L.
No. 2-1999]
The applicant and the owner of record of any
proposed wireless telecommunications facilities property site shall
at its cost and expense, be jointly required to execute and file with
the Village a bond, or other form of security acceptable to the Village
as to type of security and the form and manner of execution, in an
amount as set from time to time by resolution of the Village Board
of Trustees[1] and with such sureties as are deemed sufficient by the
Board to assure the faithful performance of the terms and conditions
of this article and conditions of any special use permit issued pursuant
to this article. The full amount of the bond or security shall remain
in full force and effect throughout the term of the special use permit
and/or until the removal of the wireless telecommunications facilities,
and any necessary site restoration is completed. The failure to pay
any annual premium for the renewal of any such security shall be a
violation of the provisions of the special use permit and shall entitle
the Board to revoke the special use permit after prior written notice
to the applicant and holder of the permit and after a hearing upon
due prior notice to the applicant and holder of the special use permit.
[1]
Editor's Note: The Schedule of Fees is on
file in the Village offices.
A.Â
In order to verify that the holder of a special use
permit for wireless telecommunications facilities and any and all
lessees, renters, and/or licensees of wireless telecommunications
facilities, place and construct such facilities, including towers
and antennas, in accordance with all applicable technical, safety,
fire, building, and zoning codes, laws, ordinances and regulations
and other applicable requirements, the Village may inspect all facets
of said permit holder's, renter's, lessee's or licensee's placement,
construction, modification and maintenance of such facilities, including
but not limited to towers, antennas and buildings or other structures
constructed or located on the permitted site.
B.Â
The Village shall pay for costs associated with such
an inspection, except for those circumstances occasioned by said holder's,
lessee's or licensee's refusal to provide necessary information, or
necessary access to such facilities, including towers, antennas and
appurtenant or associated facilities, or refusal to otherwise cooperate
with the Village with respect to an inspection, or if violations of
this article are found to exist, in which case the holder, lessee
or licensee shall reimburse the Village for the cost of the inspection.
C.Â
Payment of such costs shall be made to the Village
within 30 days from the date of the invoice or other demand for reimbursement.
In the event that the finding(s) of violation is/are appealed in accordance
with the procedures set forth in this article, said reimbursement
payment must still be paid to the Village and the reimbursement shall
be placed in an escrow account established by the Village specifically
for this purpose, pending the final decision on appeal.
The holder of the special use permit shall,
annually, certify in writing to the Village that NIER levels at the
site are within the threshold levels adopted by the FCC. (The certifying
engineer need not be approved by the Village.)
A.Â
A holder of a special use permit for wireless telecommunications
facilities shall secure and at all times maintain public liability
insurance for personal injuries, death and property damage, and umbrella
insurance coverage, for the duration of the special use permit in
amounts as set forth below:
B.Â
The commercial general liability insurance policy
shall specifically include the Village and its officers, boards, employees,
committee members, attorneys, agents and consultants additional named
insureds.
C.Â
The insurance policies shall be issued by an agent
or representative of an insurance company licensed to do business
in the state and with a Best's rating of at least A.
D.Â
The insurance policies shall contain an endorsement
obligating the insurance company to furnish the Village with at least
30 days' prior written notice in advance of the cancellation of the
insurance.
E.Â
Renewal or replacement policies or certificates shall
be delivered to the Village at least 15 days before the expiration
of the insurance which such policies are to renew or replace.
F.Â
Before construction of a permitted wireless telecommunications
facilities is initiated, but in no case later than 15 days after the
grant of the special use permit, the holder of the special use permit
shall deliver to the Village a copy of each of the policies or certificates
representing the insurance in the required amounts.
A.Â
Any special use permit issued pursuant to this article
may be required to contain a provision with respect to indemnification.
Such provision shall require the holder of the special use permit,
to the extent permitted by the law, to at all times defend, indemnify,
protect, save, hold harmless, and exempt the Village, officials of
the Village, its officers, agents, servants, and employees, from any
and all penalties, damage, or charges arising out of any and all claims,
suits, demands, causes of action, or award of damages, whether compensatory
or punitive, or expenses arising therefrom, either at law or in equity,
which might arise out of, or are caused by, the construction, erection,
modification, location, products performance, operation, maintenance,
repair, installation, replacement, removal, or restoration of wireless
telecommunications facilities within the Village. With respect to
the penalties, damages or charges referenced herein, reasonable attorneys'
fees, consultants' fees, and expert witness fees are included in those
costs that are recoverable by the Village.
A.Â
In the event of a violation of this article or any
special use permit issued pursuant to this article, the Board may
impose and collect, and the holder of the special use permit for wireless
telecommunications facilities shall pay to the Village, fines or penalties
as set forth below.
B.Â
A violation of this article is hereby declared to
be an offense, punishable by a fine not exceeding $350, or imprisonment
for a period not to exceed six months, or both, for conviction of
a first offense; for conviction of a second offense, both of which
were committed within a period of five years, such violation shall
be punishable by a fine not less than $350 nor more than $700, or
imprisonment for a period not to exceed six months, or both; and,
upon conviction for a third or subsequent offense, all of which were
committed within a period of five years, punishable by a fine not
less than $700 nor more than $1,000 or imprisonment for a period not
to exceed six months, or both. However, for the purpose of conferring
jurisdiction upon courts and judicial officers generally, violations
of this article, or of such ordinance or regulation, shall be deemed
misdemeanors and for such purpose only all provisions of law relating
to misdemeanors shall apply to such violations. Each week's continued
violation after notification shall constitute a separate additional
violation.
C.Â
Notwithstanding anything in this article, the holder
of the special use permit for wireless telecommunications facilities
may not use the payment of fines, penalties or liquidated damages,
to evade or avoid compliance with this article or any section of this
article. An attempt to do so shall subject the holder of the special
use permit to termination and revocation of the special use permit.
The Village may also seek injunctive relief to prevent the continued
violation of this article, without limiting other remedies available
to the Village.
A.Â
If wireless telecommunications facilities are repaired,
rebuilt, placed, moved, relocated, modified or maintained in a way
that is inconsistent or not in compliance with the provisions of this
article or of the special use permit, then the Board shall notify
the holder of the special use permit in writing of such violation.
Such notice shall specify the nature of the violation or noncompliance
and that the violations must be corrected within seven days of the
date of the postmark of the notice, or of the date of personal service
of the notice, whichever is earlier. Notwithstanding anything to the
contrary in this subsection or any other section of this article,
if the violation causes, creates or presents an imminent danger or
threat to the health or safety of lives or property, the Board may,
at its sole discretion, order the violation remedied within 24 hours.
B.Â
If within the period set forth in Subsection A above the wireless telecommunications facilities are not brought into compliance with the provisions of this article, or of the special use permit, or substantial steps are not taken in order to bring the affected wireless telecommunications facilities into compliance, then the Board may revoke such special use permit for wireless telecommunications facilities, and shall notify the holder of the special use permit within 48 hours of such action.
A.Â
Under the following circumstances, the Board may determine
that the health, safety, and welfare interests of the Village warrant
and require the removal of wireless telecommunications:
(1)Â
Wireless telecommunications facilities with a permit
have been abandoned (i.e. not used as wireless telecommunications
facilities) for a period exceeding 90 consecutive days or a total
of 180 days in any three-hundred-sixty-five-day period, except for
periods caused by force majeure or acts of God, in which case, repair
or removal shall commence within 90 days.
(2)Â
Permitted wireless telecommunications facilities fall
into such a state of disrepair that it creates a health or safety
hazard.
(3)Â
Wireless telecommunications facilities have been located,
constructed, or modified without first obtaining, or in a manner not
authorized by, the required special use permit, or any other necessary
authorization.
B.Â
If the Board makes such a determination as noted in Subsection A of this section, then the Board shall notify the holder of the special use permit for the wireless telecommunications facilities within 48 hours that said wireless telecommunications facilities are to be removed. The Board may approve an interim temporary use agreement/permit, such as to enable the sale of the wireless telecommunications facilities.
C.Â
The holder of the special use permit, or its successors
or assigns, shall dismantle and remove such wireless telecommunications
facilities, and all associated structures and facilities, from the
site and restore the site to as close to its original condition as
is possible, such restoration being limited only by physical or commercial
impracticability, within 90 days of receipt of written notice from
the Board. However, if the owner of the property upon which the wireless
telecommunications facilities are located wishes to retain any access
roadway to the wireless telecommunications facilities, the owner may
do so with the approval of the Board.
D.Â
If wireless telecommunications facilities are not
removed, or substantial progress has not been made to remove the wireless
telecommunications facilities, within 90 days after the permit holder
has received notice, then the Board may order officials or representatives
of the Village to remove the wireless telecommunications facilities
at the sole expense of the owner or special use permit holder.
E.Â
If the Village removes, or causes to be removed, wireless
telecommunications facilities, and the owner of the wireless telecommunications
facilities does not claim the property and remove it from the site
to a lawful location within 10 days, then the Village may take steps
to declare the wireless telecommunications facilities abandoned, and
sell it and its components.
F.Â
Notwithstanding anything in this section to the contrary,
the Board may approve a temporary use permit or agreement for the
wireless telecommunications facilities, for no more 90 days, during
which time a suitable plan for removal, conversion, or relocation
of the affected wireless telecommunications facilities shall be developed
by the holder of the special use permit, subject to the approval of
the Board, and an agreement to such plan shall be executed by the
holder of the special use permit and the Village. If such a plan is
not developed, approved and executed within the ninety-day time period,
then the Village may take possession of and dispose of the affected
wireless telecommunications facilities in the manner provided in this
section.
Any applicant desiring relief or exemption from
any aspect or requirement of this article may request such from the
Board at a preapplication meeting, provided that the relief or exemption
is contained in the original application for either a special use
permit, or in the case of an existing or previously granted special
use permit a request for modification of its tower and/or facilities.
Such relief may be temporary or permanent, partial or complete, at
the sole discretion of the Board. However, the burden of proving the
need for the requested relief or exemption, is solely on the applicant
to prove to the satisfaction of the Board. The applicant shall bear
all costs of the Board or the Village in considering the request and
the relief shall not be transferable to a new or different holder
of the permit or owner of the tower or facilities without the specific
written permission of the Board. Such permission shall not be unreasonably
withheld or delayed. No such relief or exemption shall be approved
unless the applicant demonstrates by clear and convincing evidence
that, if granted, the relief or exemption will have no significant
affect on the health, safety and welfare of the Village, its residents
and other service providers.
A.Â
The Board may at any time conduct a review and examination
of this entire law.
B.Â
If after such a periodic review and examination of
this article, the Board determines that one or more provisions of
this article should be amended, repealed, revised, clarified, or deleted,
then the Board may take whatever measures are necessary in accordance
with applicable law in order to accomplish the same. It is noted that
where warranted, and in the best interests of the Village, the Board
may repeal this entire law at any time.
A.Â
To the extent that the holder of a special use permit
for wireless telecommunications facilities has not received relief,
or is otherwise exempt, from appropriate state and/or federal agency
rules or regulations, then the holder of such a special use permit
shall adhere to, and comply with, all applicable rules, regulations,
standards, and provisions of any state or federal agency, including
but not limited to the FAA and the FCC. Specifically included in this
requirement are any rules and regulations regarding height, lighting,
security, electrical and RF emission standards.
B.Â
To the extent that applicable rules, regulations,
standards, and provisions of any state or federal agency, including
but not limited to the FAA and the FCC, and specifically including
any rules and regulations regarding height, lighting, and security
are changed and/or are modified during the duration of a special use
permit for wireless telecommunications facilities, then the holder
of such a special use permit shall conform the permitted wireless
telecommunications facilities to the applicable changed and/or modified
rule, regulation, standard, or provision within a maximum of 24 months
of the effective date of the applicable changed and/or modified rule,
regulation, standard, or provision, or sooner as may be required by
the issuing entity.
Where this article differs or conflicts with
other laws, rules and regulations, unless the right to do so is preempted
or prohibited by the county, state or federal government, the more
restrictive or protective of the Village and the public shall apply.
This article shall be effective immediately
upon passage, pursuant to applicable legal and procedural requirements.
This article is enacted pursuant to the Municipal
Home Rule Law. This article shall supersede the provisions of Village
Law to the extent it is inconsistent with the same, and to the extent
permitted by the New York State Constitution, the Municipal Home Rule
Law, or any other applicable statute.
